Eastick, Robert Frank v Australia & New Zealand Banking Group Ltd [1982] FCA 234

CATCHWORDS

Bankruptcy ~ Appeal against sequestration order -

Whether Court should go behind judgment.

Bankruptcy Act, 1966, s.41(7)

ROBERT FRANK EASTICK vy AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED

No. G121 of 1982.

CORAM: Bowen C.J., Franki and St. John JJ.

Sydney.

3 November, 1982.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY No. G121 of 1982

GENERAL DIVISION

On appeal from a Single Judge of the

Federal Court

BETWEEN: ROBERT FRANK EASTICK Appellant AND: AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED Respondent ORDERS JUDGES MAKING ORDERS: Bowen C.J., Franki and St. John JJ. DATE OF ORDERS: 3 November 1982 WHERE MADE: Sydney THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay to the respondent its costs of the

appeal.

IN THE FEDERAL COURT OF AUSTRALIA) NEW SOUTH WALES DISTRICT REGISTRY) No. G121 of 1982

GENERAL DIVISION )

On appeal from a Single Judge of the Federal Court.

BETWEEN: ROBERT FRANK EASTICK

Appellant

AND: AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED

Respondent

CORAM: Bowen C.J., Franki and St. John JJ.

3 November 1982

REASONS FOR JUDGMENT

THE COURT This is an appeal by Robert Frank Eastick against a

sequestration order which was made on the application of the

Australia and New Zealand Banking Group Limited ("the Bank").

Litigation between Mr. Eastick and the Bank has extended over a long period. During the hearing of the petition in respect of which the sequestration order was made the learned trial Judge

set out the relevant history of the litigation in the transcript for 28 June 1982. No useful purpose would be served

by repeating that history in detail.

The petition was based on non-compliance with a

bankruptcy notice which relied upon a judgment in the New South Wales Supreme Court, first by Master Sharpe, then on appeal by a Judge of the Supreme Court of New South Wales and, on appeal